#charterparty
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Articles and case comments
- Star Axe v. Royal Alliance [2023] EWHC 2784 (Comm)This case dealt with the question of which edition, 1994 or 2016, of the York-Antwerp Rules (YAR) should apply. The claimant issued 7 Congenbills bills of lading in 2021. On 03 November 2021, the vessel with cargo onboard struck an unknown submerged object and sustained damage. The claimant…
- AMS Ameropa Marketing Sales AG and Another v. Ocean Unity Navigation Inc. (KBD (Comm Ct)) [2023] EWHC 3264 (Comm)Tribunal: King’s Bench Division of the High Court of Justice, Commercial Court. Date of the decision: December 19, 2023. First Claimant: AMS Ameropa Marketing Sales AG, the assignee of the rights of International Oil Multiseed Extraction Co. (hereinafter referred to as “Oilex”). Oilex is the lawful…
- Cancelling Clause and Its Connection to Breach of ContractCancelling Clause and Its Connection to Breach of Contract Both charterers and shippers would like to know the exact date of the vessel’s arrival at the port of loading. They need to understand in advance when it is necessary to have cargo ready for loading and how much time the vessel can spend…
- The Case of Ransom to Pirates, General Average and Incorporation of the Terms of the Charter into the Bill of LadingHerculito Maritime Ltd. and others v Gunvor International BV and others (m/v “Polar”), [2020] EWHC 3318 (Comm)
- Nautica Marine Ltd v Trafigura Trading LLC (Rev 1)[2020] EWHC 1986 (Comm) English High Court of Justice, Commercial Court Facts: in 2016, Nautica (owners) and Trafigura (charterers) negotiated a voyage charter for The Leonidas. The parties reached a preliminary agreement, the terms of which were set out in a recap. Among other things, the charter…
- If there are grounds to pay demurrage, it does not matter whether the demurrage was paid in advance or notOrder of the Supreme Court of 19.11.2019, case А40-175069/2018 (Al Khubub LLC v. AGL LLC) Facts: Al Khubub (charterers, shippers) and AGL (owners, carriers) entered into a voyage charter on a modified GENCON 1994 form for the transport of barley on The Volgo-Balt 106 vessel from the port of Kavkaz…
- The courts took a step towards distinguishing between losses and demurrageDecision of the Moscow Commercial Court of 10.09.2020, case № А40-10728/19-39-111 (Eco Shipping LLC v. Bedford Group SPb LLC) Facts: Eco (charterer) entered into a voyage charter with Bedford Group (shipowner) on a modified GENCON 1994 form to transport cargo from Bronka to Dudinka. The laytime…